The USDOL finally gives us the updated Overtime Rule!

I am been saying it since 2016 that the US Department of Labor would be issuing new rules for who was to be paid overtime and who was not. Since the Obama administration’s attempt to update the overtime rules was killed in 2016 we have been waiting for the Trump Department of Labor to administer …

Read moreThe USDOL finally gives us the updated Overtime Rule!

What exactly does “exempt” mean?

This is a fairly consistent question from employers today so I decided to rerun this post. There is an update at the end, however. The Fair Labor Standards Act tells us we have two types of employees, non-exempt and exempt. Unfortunately these terms are not very explanatory and people often get them confused. Let me …

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EVERYONE needs training on the Fair Labor Standards Act!

The Fair Labor Standards Act, also known as the wage and hour law, has been in the news a great deal lately. In at least five cases in the past week errors costing tens-of-thousands of dollars have been in the news. Employers are making mistakes on overtime payments, especially in calculating the “regular rate of …

Read moreEVERYONE needs training on the Fair Labor Standards Act!

The USDOL releases new salary requirements to maintain exempt status

On March 7, 2019, the United States Department of Labor released the long-awaited adjustment to the salary level that is the first hurdle to claiming an employee is exempt from being paid overtime. This movement toward a new salary level began in the Obama administration which had proposed a new salary level of $47,476 per …

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A lesson in overtime pay

Two employers learned a lesson in understanding the rules of the Fair Labor Standards Act. The FLSA requires that non-exempt employees receive overtime pay based on their “regular of pay”. Unfortunately, many employers don’t understand that term. Regular rate of pay is not the hourly figure that the employee was hired at, it is, as …

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USDOL announces a new compliance tool

  The U.S. Department of Labor is definitely trying to be more helpful to employers. They have released a new compliance tool that will make it easier for employers to determine if they are doing the right things when it comes to overtime, proper pay and other issues from the Fair Labor Standards Act. According to …

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Three for Thursday- Paying attention to the FLSA

The US Department of Labor is one of those agencies that have been fully funded during the shutdown. Their activity continues, thus it is important to not let your adherence to the FLSA lapse. My friend, Jon Hyman, publishes a weekly curation of articles he read and I use it as a source for things …

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What is the "regular rate of pay" according to the USDOL?

During a review of US Department of Labor news releases, it was obvious that employers everywhere are still making mistakes in overtime calculations that is costing those employers large amounts of money. Overtime for non-exempt employees must be based on the “regular rate of pay” the employee is earning. Unfortunately, this is not the stated …

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The Penalties for Misclassifying Independent Contractors

Recently a company in Louisiana agreed to pay nearly $250,000 in penalties for improperly classifying employees as independent contractors. Specifically, “…an electrical contractor based in New Iberia, Louisiana – has paid $249,278 in back wages to 117 employees” according to the press release from the USDOL. The employer was charged with not paying required overtime …

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From the archive: Which industries do you think are hit the hardest by FLSA violations?

This two-year-old post is still relevant. Wage violations occur in these industries as much today as they did two years ago.  With the December 1, 2016 deadline for changes in the new overtime regulations a great deal of attention is being focused on the Fair Labor Standards Act. A recent study conducted by TSheets, using …

Read moreFrom the archive: Which industries do you think are hit the hardest by FLSA violations?

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